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TMI Blog2009 (1) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of NCCD under Notification No. 67/95 and in view of the similarity between Section 136 Finance Act, 2001 and Section 3(3) of Additional Duties of Excise (Goods of Special Importance) Act, 1957, POY used captively is not exempt from NCCD – assessee appeal rejected - E/2872/2005 - A/56/2009-WZB/AHD - Dated:- 7-1-2009 - Ms. Archana Wadhwa, Member (J) and Shri B.S.V. Murthy, Member (T) Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... support his contention that NCCD is nothing but excise duty and submitted that clause (3) of Section 136 provides "the provisions of the Central Excise Act, 1944 and the Rules made thereunder including those relating to refunds and exemptions from duties and imposition of penalty, shall, so far as may be applied in relation to the levy and collection of the NCCD leviable under this Section in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision of Commissioner (Appeals) has to be upheld. Commissioner (Appeals) has already taken a liberal view as regards penalty and reduced the same from Rs. 3 lakhs to Rs. 1 lakh. Taking note of the fact that there may not be an intent to evade duty in view of the interpretations that have been put forth, we feel that no penalty would be called for and accordingly we set aside the penalty. Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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